Process for reviewing legislations that are in contradiction

Summary

The requester asked for the specific process to review contradictory legislation on the Isle of Man, but the Attorney General's Chambers stated they do not hold a written document outlining such a process. Instead, the authority provided a detailed explanation of the drafting practices and legal principles used to manage legislative contradictions.

Key Facts

• No single written document exists that sets out the specific process for reviewing contradictory legislation.
• During policy development, instructing officers and drafters search existing legislation to identify and resolve contradictions before new laws are enacted.
• Contradictions identified after enactment are managed by departments in liaison with legislative drafters and added to primary legislation or Statute Law Revision Bills.
• Legal principles such as 'later legislation trumps former' and 'specific provisions trump general provisions' are used to interpret contradictory laws until amendments are made.
• Ultimately, courts decide how to reconcile contradictory provisions in the event of a dispute.

Data Disclosed

• 2021-05-27
• 2021-06-10
• 1811601
• Article 11(3)(a)
• Freedom of Information Act 2015
• 3 pages
• 1 document

Exemptions Cited

• Article 11(3)(a) of the Freedom of Information Act 2015 (Information not held)

Original Request

The Law of non-contradiction requires contradictory legislation to be reviewed and subsequently either one repealed or both amended but neither can sit in place at the same time. What is the process to ensure two pieces of legislation, identified as contradictory, to be reviewed on the Isle of Man?

Data Tables (1)

Full Response Text

Attorney General's Chambers 2nd floor Belgravia House Circular Road, Douglas Isle of Man, IM1 1AE Telephone: (01624) 685452 E-mail: attgen@gov.im

Our ref: 1811601 10 June 2021

Dear ###

We write further to your request which was received on 27 May 2021 and which states:

"The Law of non-contradiction requires contradictory legislation to be reviewed and subsequently either one repealed or both amended but neither can sit in place at the same time. What is the process to ensure two pieces of legislation, identified as contradictory, to be reviewed on the Isle of Man?"

While our aim is to provide information whenever possible, in this instance under Article 11(3)(a) of the Freedom of Information Act 2015, a practical refusal reason has been applied. This is because the Attorney General’s Chambers does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested and there is no written document setting out the “process” to which you refer. However to offer further assistance to your request for information, I provide some detail of the two processes that are adopted in drafting practice. First, as policy is developed for new legislation, a search of all existing primary and secondary legislation should be undertaken by the instructing officer in order to identify any legislation that is pertinent to the matter under consideration. (The search results would also be checked by the drafter, or undertaken by the drafter in some cases.) That search could result in identifying existing legislation which is identical and/or similar in some respects and/or contradictory. The decision then needs to be made as to how that existing legislation and the proposed new legislation should fit together or, alternatively, whether the existing legislation needs to be amended or saved for certain circumstances or for a certain period, or repealed in its entirety; and the timing of such a provision also needs to be considered. Thereafter in the course of the drafting, necessary amendments/repeals are made to eliminate any contradictory provisions. It is not always obvious, when looking at just one piece of legislation, that a provision which appears to be contradictory hasn’t in fact been repealed/amended by another piece of legislation. Second, “contradictions” may be identified, whether by drafters, policy officers or other users of legislation at times other than for a drafting project. These are considered by

the appropriate department in liaison with the legislative drafters. If the Department concludes that an amendment needs to be made, and it cannot be made by way of secondary legislation, then it is added to a list of amendments that will need to be made by primary legislation. The amendment can then be made in a suitable Bill on the legislative programme or, if none, then it is included in a Statute Law Revision Bill. In the interim until such time as such an amendment is made, there are a number of legal principles that may be relied upon to assist in the interpretation of the “contradictory” provisions: For example: • Unless there is a contrary intention, the later legislation will trump the former; • A specific provision will trump a general provision; • If there is a contradiction as between a provision in primary legislation and one in secondary legislation (or in a code or guidance), then the provision in the primary legislation trumps the secondary legislation; • Similarly, a provision in an order or regulations will trump a provision in guidance or a code. Ultimately, in the event of a dispute, a court would decide on how the contradictory provisions might be reconciled or decide upon the meaning that must be given to the legislation in question.

Please quote the reference number 1811601 in any future communications. Your right to request a review

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An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

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More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely